Legal Support Services
BDC Advisors provides legal support services exclusively to nationally-recognized law firms and in-house legal departments who are involved in complex litigation matters or complicated transactions in the healthcare industry. Services include:
- Litigation Support - Assistance and support to law firms and legal departments to support the adjudication of contested matters in litigation and arbitration. BDC Advisors also provides expert witness testimony in a variety of areas commonly the subject of litigation (e.g., damages assessment).
- Conflicts Resolution - For complex legal disputes faced in the healthcare industry, BDC Advisors also includes professionals whose expertise neutralizes opposing points of view in facilitated negotiations, mediation, and arbitration proceedings.
- Transaction Advisory - Advice and support for major transactions in the healthcare industry including financial and operational due diligence analysis, operations improvement analysis, business and financial analysis, and closing opinion support.
Examples:
Midwest Community Hospital System - Transaction Support
BDC Advisors assisted with the purchase of medical group practice assets from a national PPM company. We provided "bridge" support between the hospital system, PPM, and medical group to facilitate a simultaneous closing. We performed a diagnostic review of the medical group to identify opportunities to improve performance, and provided a "closing" opinion to the hospital system’s legal department to provide comfort that transaction terms were consistent with fair market value.
New England Health System - Health Plan Contract Dispute
BDC Advisors assisted legal counsel with statement of issues and remedies, quantified the financial impact of health plan misrepresentations and failure to comply with contract performance requirements, assisted in the preparation of witnesses, and provided expert testimony. Our involvement contributed to a negotiated settlement that resulted in the early termination of an unfavorable capitated risk contract, significantly reduced losses, and led to the development of a more balanced and productive relationship between the health system and the health plan.
Southern California Multi-Specialty Medical Group - MD Compensation Arbitration
BDC Advisors supported legal counsel with the development of arbitration strategies, performed benchmark analysis on fair market compensation, provided expert testimony, and facilitated negotiation of a restructured relationship and new compensation methodology. The medical group received a highly favorable arbitration ruling, that was subsequently used in negotiation of a more balanced compensation agreement.
Southeastern Hospital System - Defense Against Damages
In this case, a hospital system sold assets to a national hospital chain and formed a non-profit foundation. When life safety issues forced the closing of one of the facilities, the new owner sued the foundation to recover damages related to the closing of the facility. BDC Advisors supported legal counsel in developing an expert report analyzing the economic impact of business interruption on lost profits and evaluated and critiqued the economic loss analysis prepared by opposing experts. Expert analysis supported a zero damages position for our client, leading to a successful negotiated settlement.
